On The Achievement Of Public Interest Objectives Of Copyright Law Under Internet Environment

We are in an era of rapid development of knowledge and information, the Internet as a platform for the exchange of knowledge and information, in the spread of the sharing and play an increasingly large role. For a long time, both in the legislative aspect of copyright, or in the application process of each case, the public interest as a guide. In terms of the whole copyright legislation, in order to ensure the smooth flow of public interests, not only to protect the rights of the creators should also take into account the protection of social interests.The constitution of our country has made the stipulation that citizens can participate in cultural activities without restriction of others. Cultural activities include knowledge learning, information dissemination, text creation, software production and so on. Moreover, the state not only does not restrict the freedom of citizens to participate in cultural activities, but also to give the appropriate incentives, the introduction of some policies, regulations, organized some activities, the purpose is to achieve public interest. The "constitution" provisions on civil liberties, is an important basis for reference to the legislative process in the copyright law. And many of the basic law is also reflected in the public interest oriented legislation, cases of "tort liability law" Article 36 of the introduction of foreign notice to remove the rules, but also for the network service provider responsibility.At present, the legislation and judicial practice in the copyright protection, there are still many disputes about the balance of interests. In this paper, in the public interest, as an important reference, under the background of Internet copyright legal system analysis, to explore whether there is too weak a party interests, such as the "notice and take down rules lack of specific content and form provisions, temporary reproduction behavior should be as fair use is a kind of tort, network service provider’s duty of care and duty of examination in the end of the how to perform. These contradictions are in urgent need of research. This paper by using the value analysis method, inductive deductive method standard analysis method, to explore the public interest from the perspective of how to better realize network copyright.The innovation of this paper is aimed at China’s current laws and regulations, a comprehensive analysis of creative people in the Internet, communication and user network between interest relations, combined with the background of the Internet under the protection of network copyright rights infringement subject, object and behaviorchanges, for the future improve the relevant legislation of the network copyright to make further analysis. China network technology compared to some countries in the technology is relatively backward, but in the network, the content and the form of the action range and are in high-speed development, which led to the theory, legislation and judicature can not immediately adapt to the development of network service. This study specifically targeted under the background of Internet copyright, starting from the new features in the Internet, combined with public interests, analysis of interests between the point where the source of conflict of interests. A comparative study on the legal protection of the public interest at home and abroad, and fully understand the content of qualitative problems copying, reasonable use system, and the safe harbor principle.Finally through improving the rational use of the system, the introduction of knowledge sharing protocol, clear network service provider notification obligations, and promote the realization of public interests.